Mike Kuzack v. Wells Fargo Bank

MEMORANDUM

Mike Kuzack, personal representative for Joseph Nascimento, appeals the decision of the district court granting summary judgment to Wells Fargo Bank. Nascimento alleged that Wells Fargo breached its agreement to pay Nascimento $750,000.00 to settle a dispute over Nascimento’s , $20,000.00 home equity line of credit. Nascimento based his claim on a series of four letters that he said he received from Wells Fargo and Wells Fargo’s predecessor-in-interest, Wachovia Bank. These letters each purported to accept Nascimento’s settlement demand of $750,000.00 in exchange for Nascimento’s release of all claims against the banks.

We have jurisdiction under 28 U.S.C. § 1291 . Reviewing the district court’s decision de novo, Ambat v. City & Cnty. of S.F., 757 F.3d 1017, 1023 (9th Cir.2014), we affirm.

It is well established in Nevada that an agreement is not made “[wjhere essential terms of a proposal are accepted with qualifications, or not at all....” Heffern v. Vernarecci, 92 Nev. 68 , 544 P.2d 1197, 1198 (1976). Instead, the addition of material terms that cannot be implied from the original offer transforms the purported acceptance into a rejection of the original offer and…